Florida Precast Concrete, Inc. v. Turner Construction Co.
Florida Precast Concrete, Inc. v. Turner Construction Co.
Dissenting Opinion
dissenting.
While I agree with the majority that the provisions of section 713.21(4) apply regardless of the transfer of the lien to bond, I believe the cancellation of the lien was unjustified here where the circumstances involved both a transfer of the lien to bond before service of the section 713.21(4) action summons on appellant, and the appellant’s initiation of bankruptcy proceedings. I believe the appellant should have been given additional time to initiate a lien foreclosure action.
Opinion of the Court
AFFIRMED. We find no error by the trial court in canceling appellant’s claim of lien because of appellant’s failure to comply with the provisions of section 713.21(4), Florida Statutes (1987). We reject appellant’s claim that the transfer of the lien to a money bond precluded the application of section 713.21(4). We also find no error by the trial court in not granting the appellant additional time to plead.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.